OFFICE OF THE TRAFFIC COMMISSIONER
SCOTLAND
NOTICES AND PROCEEDINGS
PUBLICATION NUMBER: 2265
PUBLICATION DATE: 27/01/2020
OBJECTION DEADLINE DATE: 17/02/2020
Correspondence should be addressed to:
Office of the Traffic Commissioner (Scotland) Hillcrest House 386 Harehills Lane Leeds LS9 6NF
Telephone: 0300 123 9000 Fax: 0113 249 8142 Website: www.gov.uk/traffic-commissioners
The public counter at the above office is open from 9.30am to 4pm Monday to Friday
The next edition of Notices and Proceedings will be published on:
03/02/2020
Publication Price £3.50 (post free)
This publication can be viewed by visiting our website at the above address. It is also available, free of charge, via e-mail. To use this service please send an e-mail with your details to:
Remember to keep your bus registrations up to date - check yours on https://www.gov.uk/manage-commercial-vehicle-operator-licence-online
NOTICES AND PROCEEDINGS
Important Information
All correspondence relating to bus registrations and public inquiries should be sent to:
Office of the Traffic Commissioner (Scotland) Level 6 The Stamp Office 10 Waterloo Place Edinburgh EH1 3EG
The public counter in Edinburgh is open for the receipt of documents between 9.30am and 4pm Monday to Friday. Please note that only payments for bus registration applications can be made at this counter.
The telephone number for bus registration enquiries is 0131 200 4927.
General Notes
Layout and presentation – Entries in each section (other than in section 5) are listed in alphabetical order. Each entry is prefaced by a reference number, which should be quoted in all correspondence or enquiries.
Further notes precede sections where appropriate.
Accuracy of publication – Details published of applications and requests reflect information provided by applicants. The Traffic Commissioner cannot be held responsible for applications that contain incorrect information.
Our website includes details of all applications listed in this booklet. The website address is: www.gov.uk/traffic-commissioners
Copies of Notices and Proceedings can be inspected free of charge at the Office of the Traffic Commissioner in Leeds.
Legal Requirements at Sporting Events
• Carriage of passengers to designated Sporting Events Voluntary Guidelines - Scotland
Carriage of passengers to designated Sporting Events Voluntary Guidelines - Scotland
Section 70 of Part V of the Criminal Justice (Scotland) Act 1980, confers liability on operators of PSVs that are being operated for the principal purpose of conveying passengers to or from a designated sporting event.
Designation of sports grounds and sporting events is by [the Secretary of State for Scotland], by order under terms of section 68 of the Act, and those grounds and events designated are listed in The Grounds and Sporting Events (Designation)
2 (Scotland) Order 1985, as amended.
It is an offence for the operator of a PSV, or his servant or agent, knowingly to cause or permit the carriage of alcohol on journeys to which these Regulations apply.
In addition to these statutory provisions, the police have asked that operators comply with the following guidelines when conveying passengers to all such sporting events south of the Border: a. Coach operators taking bookings from groups of supporters are to notify the police liaison officer at the destination, at least 48 hours before the event, of the number of supporters expected to travel and the number of coaches booked. b. Coaches are not to stop within 10 miles of the venue either en route to or on departure from the event unless prior agreement is obtained from the local police liaison officer. c. Unless directed otherwise by a police officer, coaches may stop at premises where intoxicating liquor is sold only if it is sold ancillary to a substantial meal. Prior agreement for meal stops where alcohol is available should be sought from the operator’s local police liaison officer. d. Coaches are to arrive at the venue no earlier than two hours before and not later than one hour before the scheduled start of the game, unless otherwise directed by police. e. Coaches are not to set down or uplift passengers at any unauthorised locations without prior permission of the police. f. Coaches must leave the venue within one hour of the finish of the event. g. Intoxicating liquor must not be carried on coaches travelling to or from designated grounds. Operators will draw hirers’ attention to the requirements of the law, and drivers shall, as far as reasonably practical, supervise boarding passengers and check that they are not obviously carrying intoxicating alcohol. Drivers will not be expected to carry out baggage or body searches, nor will they be expected to confiscate alcohol or to remove passengers without police assistance.
Operators are asked to comply with these guidelines on a voluntary basis. However if the police inform the Traffic Commissioner of any failure on an operator’s part to comply with them the Commissioner will consider applying them as a formal condition to that operator’s licence under the authority of Section 16(3) of the Public Passenger Vehicles Act 1981.”
All operations within Scotland should continue to comply with police restrictions in force at individual events.
3 LIST OF CONTENTS
Section 1 – Special Notices
Section 2 – PSV Operator Licensing (Applications processed and other actions conducted without public inquiries)
2.1 New applications received 2.2 New applications granted 2.3 New applications refused 2.4 Variation applications granted 2.5 Variation applications refused 2.6 Licences surrendered 2.7 Applications withdrawn prior to determination 2.8 Licences revoked without a public inquiry 2.9 Conditions imposed under Section 16.3 of the PPV Act 1981 (without a public inquiry)
Section 3 – Registration of Local Bus Services
3.1 Registration of new services 3.2 Registration of new services granted under the Traffic Commissioner’s discretionary powers 3.3 Applications to vary existing services 3.4 Applications to vary existing services granted under the Traffic Commissioner’s discretionary powers 3.5 Cancellations of existing services 3.6 Cancellations of existing services granted under the Traffic Commissioner’s discretionary powers
Section 4 – Traffic Regulation Conditions
4.1 Requests 4.2 Determinations
Section 5 – Public Inquiries
5.1 Notice of public inquiries to be held 5.2 Decisions taken at public inquiries 5.3 Notice of Transport Manager public inquiries to be held 5.4 Decisions taken at Transport Manager public inquiries
Section 6 – Corrections
4 Section 1 – Special Notices
Section 2 – PSV Operator Licensing
Inspection of licence applications can be requested under the provisions of Regulation 4 of the Public Service Vehicles (Operators’ Licences) Regulations 1995 by anybody who holds statutory objector status. Applications may be inspected free of charge at the Office of the Traffic Commissioner in Leeds by any person who carries written authorisation to act in that capacity.
Objections against applications for licences must be made in writing by a Chief Officer of Police or by a local authority within 21 days of the date on which notice of an application is published in Notices and Proceedings. Objections must be made on the grounds that one or more of the requirements mentioned in Sections 14(1) and (3) of the Public Passenger Vehicles Act 1981 are not satisfied in relation to the application. A copy of the objection must be sent by the objector to the applicant at the same time that it is sent to the Traffic Commissioner. The onus of proof in terms of the grounds on which an objection is lodged lies with the objector. There is no right of objection against an application for a special licence submitted under Section 12 of the Transport Act 1985.
Classification of Operator Licences – There are four classes of licence:
• A Standard International (SI) licence authorises the use of any description of public service vehicle on both national and international operations; • A Standard National (SN) licence authorises the use of any description of public service vehicle on national operations; • A Restricted licence (R) authorises the use of: a) public service vehicles not adapted to carry more than eight passengers; and b) those not adapted to carry more than sixteen passengers when used otherwise than in the course of a business of carrying passengers or by a person whose main occupation is not the operation of public service vehicles adapted to carry more than eight passengers; • A Special Restricted (SR) licence, issued under Section 12 of the Transport Act 1985, authorises the holder of a taxi or private hire vehicle licence to operate local services.
Appeals in connection with PSV Operator Licences must be lodged with the Upper Tribunal – Administrative Appeal Chamber (Transport), 5th Floor, Rolls Building, 7 Rolls Buildings, Fetter Lane, London, EC4A 1NL not later than one month after the date of the letter conveying the Traffic Commissioner’s (or Deputy Traffic Commissioner’s) decision. Appellants can obtain guidance on lodging appeals, including downloading the appeal form, from the website: www.administrativeappeals.tribunals.gov.uk
Any previous entry in Notices and Proceedings is indicated by the publication number in brackets.
Our website contains details of all applications listed in this section. The address is: www.gov.uk/traffic-commissioners
5
Section 2.1 – New Applications Received
PM2029334 R Kevin McCafferty
25 GLASGOW ROAD, WISHAW, ML2 7PG Operating Centre: 285 COLTNESS ROAD, WISHAW, ML2 7EX Authorisation: 1 vehicle(s) Transport Manager(s): Kevin McCafferty
PM2029943 R ALEXANDER JOSEPH LINDSAY
7 SEALLADH BHARRAIDH, WEST KILBRIDE, ISLE OF SOUTH UIST, Hs85tr Operating Centre: TROSARAIDH, GARRYNAMONIE, ISLE OF SOUTH UIST, HS8 5TY Authorisation: 2 vehicle(s) New Undertaking: Vehicles with eight passenger seats or less will not be operated under the licence without the prior written agreement of the traffic commissioner who may require you to agree to certain undertakings. Attached to Licence. New Undertaking: Limousines and novelty type vehicles are not to be operated under this operator’s licence. Attached to Licence. New Undertaking: • The operator shall, during the life of the restricted licence, keep separate records of time spent and income earned from all occupations to enable the primary occupation to be determined. Records shall be supported by primary evidence such as payslips, P60 documents, invoices and tachograph records. Copies of the record shall be made available to the DVSA or OTC officers on request.
• Should income from, or time spent on, the minibus operation exceed that from all other sources for two consecutive months, the operator will apply for a standard national licence. Attached to Licence.
PM2030173 R James Hayes
20 SUNART STREET, WISHAW, ML2 0JJ Operating Centre: 285 COLTNESS ROAD, WISHAW, ML2 7EX Authorisation: 1 vehicle(s)
Section 2.2 – New Applications Granted
No entries
Section 2.3 – New Applications Refused
No entries
Section 2.4 – Variation Applications Granted
No entries
Section 2.5 – Variation Applications Refused
No entries
Section 2.6 – Licences Surrendered
6 PM1042757 SN Licence surrendered WEF 15 January 2020 C-N-DO SCOTLAND LTD Director(s): DOROTHY A BRECKENRIDGE, MARGARET PORTER, DOROTHY AGNES BRECKENRIDGE 33 STIRLING ENTERPRISE PARK, SPRINGBANK ROAD, STIRLING, FK7 7RP
PM1109247 R Licence surrendered WEF 17 January 2020 D & J TAXIS LTD Director(s): JAMES TURRIFF, DEREK SWEENEY, MANDY SWEENEY, KAREN ELIZABETH MCLUSKEY UNIT 1, BLAIR STREET, PERTH, PH2 0JQ
Section 2.7– Applications Withdrawn Prior to Determination
PM2029334 R KEVIN MCCAFFERTY
Section 2.8 – Licences Revoked Without a Public Inquiry
PM2006233 SI TIS LUXURY TRAVEL LTD Director(s): Grant George Gary Summers, Ian Alexander Summers 268 TALLA ROAD, GLASGOW, G52 2AY Registered Bus Services running under this licence have also been revoked with immediate effect.
Section 2.9 – Conditions Imposed Under Section 16.3 of the Public Passenger Vehicles Act 1981 (without a Public Inquiry)
Section 3 – Registration of Local Bus Services
Before an application is sent to the Traffic Commissioner, the operator must inform the relevant local authorities/SPT 14 days before submission. The operator will be required to demonstrate to the Commissioner that this requirement has been met before the application can be accepted. Until such times as revised application forms are available operators should enclose a copy of the letter sent to the local authorities/SPT with the application to the Traffic Commissioner.
Some of the periods of notice applicable before the operation of registered services, including variations or cancellations, are at the discretion of the Traffic Commissioner. In such cases the application must be accompanied by a written explanation of why a short notice period is required along with, if appropriate, a letter from the local authorities/SPT indicating support.
Any registration may be inspected at the office in Edinburgh during public business hours. Copies of registrations can be sent by post or fax to any interested party upon prior receipt of a written request together with a fee of £3.00 per copy for posted copies or £5.00 per copy for faxed copies.
7 Our website contains details of all applications listed in this section. The address is: www.gov.uk/traffic-commissioners
Section 3.1 – Registration of New Services
PM1037267/21 EASTER ROSS COACH COMPANY LLP, 3 THE OLD GRANARY, EAST SALTOUN FARM, PENCAITLAND EAST, TRANENT, EH34 5BF From: Main Road, Fearn To: St Duthus School, Academy Street, Tain Via: Balintore Name or No.: 3C / Service type: School or Works Effective date: 27 February 2020 Other details: School days only
PM0003023/176 E & M HORSBURGH LTD, 180 UPHALL STATION ROAD, PUMPHERSTON, LIVINGSTON, EH53 0PD From: Lionthorn Road, Falkirk To: Falkirk High School or Comley Park High School Via: Slamannan Road, High Station Road, Cochrane Avenue, Westburn Avenue Name or No.: 149 / 179 Service type: Normal Stopping Effective date: 02 March 2020 Other details: School days only
PM0003023/177 E & M HORSBURGH LTD, 180 UPHALL STATION ROAD, PUMPHERSTON, LIVINGSTON, EH53 0PD From: Canalside Drive, Falkirk To: Westquarter Primary School, Falkirk Via: Newlands Road, Redding Cross, Jarvie Road Name or No.: 608 / Service type: Normal Stopping Effective date: 02 March 2020 Other details: Schooldays only
PM0003023/178 E & M HORSBURGH LTD, 180 UPHALL STATION ROAD, PUMPHERSTON, LIVINGSTON, EH53 0PD From: Paterson Drive, Shieldhill, Falkirk To: Braes High School Via: Shieldhill Main Street Name or No.: 142 / Service type: Normal Stopping Effective date: 02 March 2020 Other details: Schooldays only
Section 3.2 – Registration of New Services Granted Under Short Notice
No entries
Section 3.3 – Applications to Vary Existing Services
PM0000004/588 FIFE SCOTTISH OMNIBUSES LTD, UNIT 9, CASTLE BUSINESS CENTRE, QUEENSFERRY ROAD, PITREAVIE INDUSTRIAL ESTATE, DUNFERMLINE, KY11 8NT Operating between Aberdeen bus station and Stonehaven, Barclay Street given service number SX07A / X7 effective from 24 February 2020. To amend Stopping Places and Timetable.
8 PM0001027/75 MOFFAT & WILLIAMSON LTD, THE OLD RAILWAY YARD, ST. FORT, WORMIT, NEWPORT-ON-TAY, DD6 8RG Operating between New Inn and Bell Baxter High School given service number BB6 / effective from 09 March 2020. To amend Route and Timetable.
Section 3.4 – Applications to Vary Existing Services Granted Under Short Notice
PM1004153/20 GARELOCHHEAD MINIBUSES & COACHES LTD, WOODLEA GARAGE, GARELOCHHEAD, HELENSBURGH, G84 0EG Operating between George Square South and Riverside Museum, Glasgow given service number 100 / effective from 09 February 2020. To amend Timetable.
PM1089522/4 PRENTICE COACHES LTD, STATION GARAGE, 2D HOSPITAL ROAD, HADDINGTON, EH41 3BH Operating between Haddington High Street or Elphinstone, Duries Park and Prestonpans, High Street (Lidl) or Alder Road, Port Seaton given service number 110 / effective from 27 January 2020. To amend Route, Stopping Places and Timetable.
Section 3.5 – Cancellations of Existing Services
PM1037267/18 EASTER ROSS COACH COMPANY LLP, 3 THE OLD GRANARY, EAST SALTOUN FARM, PENCAITLAND EAST, TRANENT, EH34 5BF Operating between Tain, St Duthus School and Tain, St Duthus School given service number 3C / effective from 27 February 2020.
PM2011484/1 HARRY-O-COACHES LTD, 19 MOSS SIDE AVENUE, AIRDRIE, ML6 0HP Operating between Ballochney Street, Burnfoot, Airdrie and Craigend Road, Moffat Mills, Airdrie given service number 16 / effective from 31 January 2020.
Section 3.6 – Cancellations of Existing Services Granted Under Short Notice
No entries
Section 4 – Traffic Regulation Conditions
Section 4.1 – Requests
Section 4.2 – Determinations
Section 5 – Public Inquiries
Note: anyone wishing to attend a public inquiry is advised to contact the Office of the Traffic Commissioner on 0131 200 4903, the day before the inquiry, to avoid unnecessary travel should the inquiry be adjourned for any reason.
9 There is no obligation on the traffic commissioner to provide a transcript of proceedings. Any decision to release will refer to the reasons for the request and there may be restrictions placed on its use. That request should be made via the relevant Office of The Traffic Commissioner and the applicant must understand that they will be liable for the cost of producing the transcript. This will vary according to demand and size of content.
Appeals in connection with PSV Operator Licences must be lodged with the Upper Tribunal – Administrative Appeal Chamber (Transport), 5th Floor, Rolls Building, 7 Rolls Buildings, Fetter Lane, London, EC4A 1NL not later than one month after the date of the letter conveying the Traffic Commissioner’s (or Deputy Traffic Commissioner’s) decision. Appellants can obtain guidance on lodging appeals, including downloading the appeal form, from the website: www.administrativeappeals.tribunals.gov.uk
Section 5.1 – Notice of Public Inquiries to be Held
Public Inquiry (80893) to be held at Glasgow Burgh Court Hall, 33-35 John Street, Glasgow, G1 1JA, on 24 February 2020 commencing at 15:00 (Previous Publication:(2259)) Previous hearing on 06 January 2020 was adjourned. PM2015322 MOHAMMED IKRAMULHAQ MOHAMMED IKRAMULHAQ 6 LOCHBROOM DRIVE, NEWTON MEARNS, GLASGOW, G77 5DY S14 - Consideration of new application under Section 14 (The Public Passenger Vehicles Act 1981)
Public Inquiry (81169) to be held at Level 6 (Edinburgh), EH1 3EG, The Stamp Office, 10 Waterloo Place, Edinburgh, on 13 February 2020 commencing at 14:00 PM2026675 FRANCIS O'NEILL FRANCIS O'NEILL 38 LEAPMOOR DRIVE, WEMYSS BAY, PA18 6BT S14 - Consideration of new application under Section 14 (The Public Passenger Vehicles Act 1981)
Public Inquiry (81182) to be held at Level 6 (Edinburgh), EH1 3EG, The Stamp Office, 10 Waterloo Place, Edinburgh, on 5 February 2020 commencing at 10:00 PM0003023 SN E & M HORSBURGH LTD Director(s): MARK HORSBURGH, ERIC HORSBURGH 180 UPHALL STATION ROAD, PUMPHERSTON, LIVINGSTON, EH53 0PD S16 - Consider attaching of varying conditions under Section 16 (The Public Passenger Vehicles Act 1981) S17 - Consideration of disciplinary action under Section 17 (The Public Passenger Vehicles Act 1981) S26 - Consideration of disciplinary action under Section 26 (The Transport Act 1985) S28 - Consideration of disciplinary action under Section 28 (The Transport Act 1985)
10 Public Inquiry (81234) to be held at Royal Highland Hotel, 18 Academy Street, Inverness IV1 1LG, on 28 February 2020 commencing at 12:30 PM0001376 SN WILLIAM ROSS & EDITH ROSS WILLIAM ROSS, EDITH ROSS EAGLE VIEW, STRUY, BEAULY, IV4 7JS S17 - Consideration of disciplinary action under Section 17 (The Public Passenger Vehicles Act 1981) S28 - Consideration of disciplinary action under Section 28 (The Transport Act 1985) Sch.3 - Consideration of Transport Managers Repute under Schedule 3 (The Public Passenger Vehicles Act 1981)
Section 5.2 – Decisions Taken at Public Inquiries
No entries
Section 5.3 – Notice of Transport Manager Public Inquiries to be Held
TM Public Inquiry (Case ID: 425896, Public Inquiry ID: 91270) for MARK ALEXANDER HORSBURGH to be held at Level 6 (Edinburgh), EH1 3EG, The Stamp Office, 10 Waterloo Place, Edinburgh, on 5 February 2020 commencing at 10:00 Article 6 of Regulation (EC) No 1071/2009
TM Public Inquiry (Case ID: 426007, Public Inquiry ID: 91321) for RUSSELL JOHN BEVAN to be held at Cardiff Crown Court, CF10 3PG, on 17 February 2020 commencing at 14:00 Article 6 of Regulation (EC) No 1071/2009
TM Public Inquiry (Case ID: 426008, Public Inquiry ID: 91323) for WILLIAM ROSS to be held at Royal Highland Hotel, 18 Academy Street, Inverness IV1 1LG, on 28 February 2020 commencing at 12:30 Article 6 of Regulation (EC) No 1071/2009
TM Public Inquiry (Case ID: 425523, Public Inquiry ID: 91328) for MELISSA BROWN to be held at Glasgow City Council, Committee Room, Burgh Court Hall, John Street, Glasgow, G1 1LY, on 24 February 2020 commencing at 13:00 Article 6 of Regulation (EC) No 1071/2009
TM Public Inquiry (Case ID: 425277, Public Inquiry ID: 91335) for PAUL MEECHAN to be held at Level 6 (Edinburgh), EH1 3EG, The Stamp Office, 10 Waterloo Place, Edinburgh, on 17 March 2020 commencing at 10:00 Article 6 of Regulation (EC) No 1071/2009
Section 5.4 – Decisions Taken at Transport Manager Public Inquiries
11 TM Public Inquiry (Case ID: 425472, Public Inquiry ID: 91060) for Alistair Jeffery to be held at Jubilee House (Bristol), BS5 0GB, Croydon Street, Bristol, on 15 January 2020 commencing at 10:30 Article 6 of Regulation (EC) No 1071/2009. The good repute of Alistair Jeffrey as transport manager is lost and he is disqualified from acting as such in any member state for a period of 12 months.
Section 6 – Corrections
12